I was driving in a cmv down I 80 in nv got pullEd over and arrested I blew .06 had to wait about an hour for tow and then cops said we had to go to hospotial to get blood drawn was drawn 3 times in 30 min increments... Which test will the go by to try and prosecute me? Also this happened 6 months ago and I was unable to appear to due to finances and living 2500 miles away.. But there is no warrant (been ran by police) and license not suspended . any idea what could have happened
You should contact a criminal defense attorney in the county where you were arrested and have them investigate. Although you were under the limit, they probably wanted blood to see if you had drugs in your system. In Florida, someone has a low blow or blows zeros, they always want a urine test to see if the person is on drugs. They are so sure you are impaired that you must be on drugs if you blow under .08, right? Anyway, it's possible that they decided not to charge you if the blood was negative or agreed with the breath test. They often file charges in Florida even when defendants blow under .08, so you should get an attorney in the jurisdiction to make sure. And your license likely wouldn't be subject to an administrative suspension since you blew under. Good luck!
There are a number of factors at play. First, you may have just gotten really lucky and they decided to decline charges. Second, it may be a municipal warrant that, if you live 2500 miles away, may not show up on a system. Third, the lack of suspension could be because NV doesn't take administrative action if you blow under .08 or simply refer to the first point.
Keep an eye on it intermittently... being in inadvertent warrant status is a real kick in the pants if you get pulled over 4 years from now and suddenly something in NV pops.
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DMV lacks jurisdiction below .08 or if it's drugs or marijuana. The criminal case was likely declined but for safety purposes call the court and give them your name and date of birth to check for warrants and possible FTA's or failures to appear. Do the same with the DA's office. Talk to no one about the facts except a lawyer. Good luck. Hope this helps?
If the charge gets approved and is filed, then only the results of the blood draws are admissible to prove your BAC. Under Nevada law, the PBT cannot be used to prove BAC. It can only be used to establish probable cause for an arrest.
As far as what happened...there could be multiple scenarios. My best guess is that the DUI was declined because your BAC was below the legal limit and they decided not to prosecute under an impairment theory. However, it could be that the prosecuting agency is still waiting on the results of the blood draws, and if that is the case, then the charge may still be filed. I would try to contact the prosecuting agency and see if they have anything.
Lots of problems with the states case here if what you say is accurate. The law is they have to complete their investigation within an hour. This likely will not benefit you as our courts don't seem to enforce this requirement. Next, they have to give you a choice of blood draw or breath per statute unless that has changed recently. Additionally pursuant to the McNeely decision the police must get a warrant to test your blood. They space the tests out to determine if your blood alcohol ascending or descending. Seems like they are doing a great deal of work for a misdemeanor.
If it is a misdemeanor then the warrant is not extraditable most likely, If it is a felony you will be picked up and extradited most likely although without knowing what state you are in I cannot say this for sure.
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